April 22, 2018

Archives for April 21, 2014

e-Legislative Report: April 21, 2014

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (“LPC”) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association.

Friday, April 18
The LPC did not meet on Friday, April 18, 2014.

At the Capitol—Week of April 14

A scorecard of the committee and floor work follows.

In the House

Monday, April 14

Passed on 3rd reading.

  • HB 14-1269. Concerning the circumstances under which a person who sells items subject to sales tax must collect such sales tax on behalf of the state. Vote:  36 yes, 26 no, and 3 excused.
  • HB 14-1279. Concerning the creation of a state income tax credit to reimburse a business for personal property taxes paid in the state, and, in connection therewith, reducing an appropriation. Vote:  60 yes, 2, no, and 3 excused.
  • HB 14-1036. Concerning drunk driving offenses, and, in connection therewith, making and reducing appropriations. Vote:  56 yes, 6 no, and 3 excused.
  • HB 14-1144. Concerning measures to improve the performance of district attorneys, and, in connection therewith, making and reducing appropriations. Vote:  58 yes, 4 no, and 3 excused.
  • HB 14-1162. Concerning protection of the victim of a sexual assault in cases where a child was conceived as a result of the sexual assault, and, in connection therewith, making legislative changes in response to the study by and the report of the recommendations from the task force on children conceived through rape. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1333. Concerning the funding of Colorado water conservation board projects, and, in connection therewith, making an appropriation. Vote: 61 yes, 1 no, and 3 excused.
  • HB 14-1344. Concerning the use of electronic means to document transactions related to the business of insurance. Vote:  60 yes, 2 no, and 3 excused.
  • HB 14-1322. Concerning the Colorado probate code. Vote:  62 yes, 0 no, and 3 excused. CBA sponsored legislation.
  • HB 14-1205. Concerning the veterans assistance grant program. Vote:  51 yes, 11 no, and 3 excused.
  • HB 14-1349. Concerning the creation of an exemption from property taxes for qualifying business entities controlled by nonprofit organizations that are formed for the purpose of qualifying for federal tax credits. Vote:  58 yes, 4, no and 3 excused.
  • SB 14-163. Concerning clarifying changes to provisions related to the sentencing of persons convicted of drug crimes. Vote:  62 yes, 0 no, and 3 excused.
  • SB 14-160. Concerning removing limitations on a transitional living program for a person with a brain injury. Vote:  56 yes, 6 no, and 3 excused.
  • HB 14-1323. Concerning restrictions on the ability of a government entity to access an individual’s personal medical information. Vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1214. Concerning an increase in the penalties for certain offenses committed against an emergency medical service provider, and, in connection therewith, making an appropriation. Vote 51 yes, 11 no, and 3 excused.
  • HB 14-1296. Concerning the enforcement of prohibitions against designer drugs by the division of liquor enforcement within the department of revenue. Vote:  55 yes, 7 no, and 3 excused.

Tuesday

Passed 3rd Reading:

  • HB 14-1012. Concerning income tax credits that promote investment in Colorado advanced industries, and, in connection therewith, making and reducing appropriations. Vote:  41 yes, 20 no and 4 excused.
  • HB 14-1023. Concerning the provision of social workers to juveniles, and, in connection therewith, making and reducing appropriations. Vote:  37 yes, 24 no, and 4 excused.
  • HB 14-1032. Concerning the provision of defense counsel to juvenile offenders, and, in connection therewith, making and reducing appropriations. Vote:  40 yes, 22 no, and 3 excused.
  • HB 14-1093. Concerning the establishment of the creative district community loan fund, and, in connection therewith, making and reducing appropriations. Vote:  39 yes, 24 no and 2 excused.
  • HB 14-1096. Concerning an underfunded courthouse facilities grant program, and, in connection therewith, making and reducing appropriations. Vote:  38 yes, 25 no, and 2 excused.
  • HB 14-1101. Concerning a partial business personal property tax exemption for community solar gardens. Vote:  38 yes, 25 no, and 2 excused.
  • HB 14-1124. Concerning in-state tuition classification for American Indians from tribes with historical ties to Colorado, and, in connection therewith, making and reducing appropriations. Vote:  39 yes, 25 no, and 1 excused.
  • HB 14-1303. Concerning the receipt of public testimony from remote locations around the state by legislative committees, and, in connection therewith, making and reducing appropriations. Vote:  64 yes, 0 no, and 1 excused.
  • HB 14-1326. Concerning tax incentives for alternative fuel trucks, and, in connection therewith, making an appropriation. Vote:  48 yes, 15, no and 2 excused.
  • SB 14-156. Concerning a requirement that a public benefit corporation file an annual report. Vote:  40 yes, 24 no, and 1 excused.
  • HB 14-1347. Concerning statutorily established time periods that are multiples of seven days. 64 yes, 0 no, and 1 excused.

Wednesday

Passed on 3rd reading.

  • HB 14-1037. Concerning enforcement of laws against designer drugs, and, in connection therewith, making and reducing appropriations. Vote:  63 yes, 0 no, and 2 excused.

Thursday

Passed 3rd Reading:

  • HB 14-1015. Concerning an extension of the transitional jobs program, and, in connection therewith, making and reducing appropriations. Vote:  39 yes and 26 no.
  • HB 14-1297. Concerning an analysis to determine whether oil and gas operations have an impact on human health along the front range, and in connection therewith, making and reducing appropriations. Vote:  38 yes and 27 no.
  • SB 14-158. Concerning the harmonization of statutory recall election provisions with the recall provisions in the state constitution to reflect the manner in which contemporary elections are conducted, and, in connection therewith, aligning circulator regulation and petition requirements with initiative and referendum circulator and petition requirements. Vote:  37 yes and 28 no.
  • HB 14-1335. Concerning campaign contribution limits that are applicable to candidate committees for candidates who are not affiliated with a major political party. Vote:  60 yes and 5 no.

Friday, April 11

The House did not meet on Friday, April 18.

In the Senate

Scorecard

Monday

  • SB 14-13. Concerning resources received by a recipient of an old age pension, and, in connection therewith, making and reducing appropriations. Vote:  34 yes, 0 no, and 1 excused.
  • HB 14-1130. Concerning the disposition of moneys charged to borrowers for costs to be paid in connection with foreclosure. Vote:  34 yes, 0 no, and 1 excused.
  • HB 14-1295. Concerning residential mortgage foreclosures, and, in connection therewith, requiring a single point of contact and prohibiting dual tracking. Vote:  27 yes, 7 no and 1 excused.
  • HB 14-1312. Concerning efforts to reduce the number of foreclosures in Colorado, and, in connection therewith, continuing the foreclosure deferment program. Vote:  24 yes, 10 no, and 1 excused.
  • SB 14-152. Concerning the standardization of financial transaction requirements applicable to insurers. Vote:  34 yes, 0 no, and 1 excused.
  • SB 14-64. Concerning restricting the use of long-term isolated confinement for inmates with serious mental illness, and, in connection therewith, making and reducing appropriations. Vote:  34 yes, 0 no, and 1 excused.
  • SB 14-8. Concerning the creation of the wildfire information and resource center in the division of fire prevention and control in the department of public safety, and, in connection therewith, making and reducing appropriations. Vote:  32 yes, 2 no and 1 excused.

Tuesday

Passed on 3rd Reading:

  • HB 14-1291. Concerning authorizing a charter school to employ a school security officer by contract to carry a concealed handgun if the person has a valid concealed carry permit. Vote:  34 yes and 1 no.
  • HB 14-1302. Concerning the addition of a judgment against a debtor or transferee who acts with actual intent as an available remedy for a creditor in a fraudulent transfer action. Vote:  35 yes and 0 no.
  • SB 14-179. Concerning the creation of a flood debris cleanup grant account to facilitate watershed cleanup efforts in areas affected by the September 2013 flood, and, in connection therewith, making an appropriation. Vote:  34 yes, 0 no, and 1 excused.
  • SB 14-151. Concerning the use of moneys derived from civil penalties imposed on nursing facilities to fund innovations in nursing home care, and, in connection therewith, making an appropriation. Vote:  35 yes and 0 no.
  • SB 14-130. Concerning an increase to the personal needs allowance for persons in nursing care facilities, and, in connection therewith, making and reducing appropriations. Vote:  35 yes and 0 no.
  • SB 14-75. Concerning the registration of motor vehicles for members of the United States armed forces who are deployed outside the United States, and, in connection therewith, making and reducing appropriations. Vote:  35 yes and 0 no.
  • SB 14-88. Concerning the creation of the suicide prevention commission, and, in connection therewith, making and reducing appropriations. Vote:  22 yes and 13 no.

Wednesday

Passed on 3rd Reading:

  • SB 14-173. Concerning the recommendation that certain persons be offered a test for the hepatitis C virus. Vote:  27 yes and 8 no.
  • HB 14-1123. Concerning implementation of recommendations of the committee on legal services in connection with legislative review of rules and regulations of state agencies. Vote:  33 yes and 2 no.
  • HB 14-1017. Concerning measures to expand the availability of affordable housing in the state, and, in connection therewith, making modifications to statutory provisions establishing the housing investment trust fund, the housing development grant fund, and the low-income housing tax credit. Vote:  19 yes and 16 no.
  • SB 14-174. Concerning the creation of the prosecution fellowship program. Vote:  26 yes and 9 no.
  • SB 14-166. Concerning the development of mobile application software in the Colorado office of economic development that users may access to identify local businesses, and, in connection therewith, making and reducing appropriations. Vote:  27 yes and 8 no.
  • SB 14-157. Concerning the commission of a report by the department of military and veterans affairs that examines the comprehensive value of United States military activities centered in Colorado, and, in connection therewith, making and reducing appropriations. Vote:  34 yes and 1 no.
  • SB 14-87. Concerning issuance of identification cards to people who are lawfully present in the United States but may have difficulty with certain documentary evidence, and, in connection therewith, making and reducing appropriations. Vote:  32 yes and 3 no.
  • SB 14-2. Concerning transferring the safe2tell program to the department of law, and, in connection therewith, making and reducing appropriations. Vote:  35 yes and 0 no.
  • SB 14-73. Concerning the state income tax credit for the environmental remediation of contaminated land in the state, and, in connection therewith, making and reducing appropriations. Vote:  32 yes, 2 no.

Thursday, April 10

  • SB 14-133. Concerning the regulation of private investigators by the department of regulatory agencies, and, in connection therewith, making appropriations. Vote:  18 yes and 17 no.
  • SB 14-5. Concerning alternative administrative remedies for the processing of certain wage claims, and, in connection therewith, amending the provisions for written notices of a wage claim, and in connection therewith, making and reducing appropriations. Vote:  21 yes and 14 no.

Friday, April 11

The Senate did not meet on Friday, April 18.

Stay tuned for 10 Bills of Interest.

 

Colorado Supreme Court: Announcement Sheet, 4/21/2014

On Monday, April 21, 2014, the Colorado Supreme Court issued two published opinions.

People v. Baez-Lopez

Hoang v. People

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Colorado Supreme Court: Suppression of Wiretap Evidence Not Necessary When Judge’s Oral Instructions Followed

The Colorado Supreme Court issued its opinion in three consolidated cases, People v. Baez-LopezPeople v. Canto-Bojorquez, and People v. Soto-Lopez, on Monday, April 21, 2014.

Colorado Wiretap Statute—Statutory Sealing Requirement for Wiretap Recordings—CRS § 16-15-102(8)(a).

The trial court suppressed wiretap evidence in three criminal cases when it concluded that the wiretap recordings were not sealed pursuant to written directions from the judge who authorized the wiretap. The Supreme Court held that CRS § 16-15-102(8)(a) does not require sealing directions to be written and that oral sealing directions are sufficient. The Court also held that the statute does not require a judge’s physical involvement in sealing wiretap recordings or any specific method of sealing. Accordingly, the Court reversed the suppression orders and remanded these cases to the trial court for further proceedings.

Summary and full case available here.

Colorado Supreme Court: Defendant Must Point to Something in Record to Show Prejudice from Visible Shackles

The Colorado Supreme Court issued its opinion in Hoang v. People on Monday, April 21, 2014.

Shackling—Meaningful and Speedy Appeal.

In this appeal, the Supreme Court considered (1) whether shackling a defendant at trial in a manner not plainly visible to the jury violates a defendant’s due process right; and (2) whether delays and deficiencies in the record on appeal violate a defendant’s rights to a meaningful and a speedy appeal. The Court held that when the record does not show that restraints were plainly visible, the defendant must point to something in the record justifying an appellate court’s reasonable inference that at least one juror saw or heard them; if a defendant fails to meet that burden, then the constitutional harmless error standard announced in Deck v. Missouri, 544 U.S. 622 (2005), does not apply. The Court held that defendant was not deprived of his due process rights to a meaningful and a speedy appeal because he was not prejudiced by deficiencies in the record or by the delay. The Court relied on a modified version of the speedy trial factors in Barker v. Wingo, 407 U.S. 514 (1972), as the analytical framework for evaluating whether there has been a due process violation. The judgment was affirmed.

Summary and full case available here.

Tenth Circuit: Attorney Fee Award Appropriate Where Defendant’s Claims Frivolous and Filed in Bad Faith

The Tenth Circuit Court of Appeals issued its opinion in Cohlmia v. St. John Medical Center on Monday, April 21, 2014.

This case arose from two surgeries performed by Dr. Cohlmia, a cardiovascular and thoracic surgeon at St. John, a Tulsa hospital. The surgeries resulted in the death of one of the patients and the permanent disfigurement of the other. As a result, the hospital conducted a review, concluded that Dr. Cohlmia had failed to follow proper medical protocols, and suspended his staff privileges. St. John’s medical executive committee and its board of directors also reviewed the evidence and agreed with the decision to suspend Dr. Cohlmia.

Dr. Cohlmia sued nineteen defendants on eight causes of action. The district court dismissed five of those claims early in the proceedings. The court allowed discovery to proceed on the remaining claims, and the defendants produced over 150,000 documents. After discovery was completed, the district court granted summary judgment for St. John on the three remaining claims, and the Tenth Circuit affirmed in Cohlmia v. St. John Med. Ctr., 693 F.3d 1269 (10th Cir. 2012). St. John then sought attorney’s fees under the Health Care Quality Improvement Act of 1986 (“HCQIA”). The district court awarded $732,668 to St. John on the grounds that, under HCQIA, Dr. Cohlmia’s claims and conduct during litigation were frivolous and in bad faith. Dr. Cohlmia appealed, arguing that his claims were well founded and properly litigated. The Tenth Circuit, echoing the opinion of the district court, found that  “Cohlmia’s claims were—at best— unreasonable and without foundation and—at worst—frivolous and asserted in bad faith.”

The attorney fee award was affirmed.

Tenth Circuit: Unpublished Opinions, 4/21/2014

On Monday, April 21, 2014, the Tenth Circuit Court of Appeals issued one published opinion and four unpublished opinions.

Strachan v. Pandaw Cruises India Pvt. Ltd.

Potter v. Synerlink Corp.

Ippolito v. Justice Service Division

Barrett v. University of New Mexico Board of Regents

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Budget Bills, HOA Transfer Fee Bill, and More Signed by Governor

Governor Hickenlooper signed nine more bills into law last Friday, bringing the total of signed bills up to 147 with two vetoed bills. The nine signed on April 18, 2014, are summarized here.

  • HB 14-1057 – Concerning the Colorado Fraud Investigators Unit, by Rep. Clarice Navarro and Sen. Steve King. The bill increases the fraud investigation surcharge on Uniform Commercial Code (UCC) filings with the Secretary of State from $3 to $4 per filing, effective July 1, 2014, through June 30, 2017.
  • HB 14-1100 – Concerning the Use of Title Documents to Give Notice of Characteristics of Motor Vehicles that Affect a Vehicle’s Value, and, In Connection Therewith, Making an Appropriation, by Reps. Spencer Swalm & Dan Pabon and Sen. Kevin Grantham. The bill requires that a branding be placed on the title of a motor vehicle if the vehicle meets certain criteria, such as if the vehicle is non-repairable, was constructed from two or more vehicles, is junk, and so on.
  • HB 14-1141 – Concerning the Confidentiality of Social Security Numbers Under Statutes Protecting the Privacy of Individuals, by Rep. Don Coram and Sen. Ellen Roberts. The bill amends a statute within the Colorado Consumer Protection Act to provide that an organization may not require disclosure of an individual’s SSN in order for that individual to serve on the organization’s board of directors.
  • HB 14-1186 – Concerning the Release of Medical Records to a Person Other Than the Patient, and, In Connection Therewith, Setting Reasonable Fees to be Paid for the Release of the Medical Records, by Rep. Sue Schafer and Sen. Irene Aguilar. The bill requires health care facilities and providers to release medical records to anyone with a valid authorization or subpoena, and sets reasonable costs for copying the medical records.
  • HB 14-1254 – Concerning a Requirement to Disclose Fees Charged to a Unit Owners’ Association by a Community Association Manager, by Rep. Jeanne Labuda and Sen. David Balmer. The bill requires a licensed community association manager who provides services to an HOA to fully disclose all fees and costs that will be charged to the HOA or unit owners.
  • HB 14-1282 – Concerning the Specification of What Materials May Be Provided in a Language Other Than English by an Insurer to a Customer, by Rep. Dan Pabon and Sen. Lois Tochtrop. The bill specifies that an insurer providing materials to a customer in a language other than English need only supply copies in English of the insurance policies, endorsements, and riders.
  • HB 14-1308 – Concerning Procedures for a Department to Vary an Appropriation, by Rep. Cheri Gerou and Sen. Pat Steadman. The bill, a Joint Budget Committee bill, allows agencies to overexpend appropriations or transfer funds between agencies to cover certain costs in certain situations.
  • HB 14-1340 – Concerning the State Toxicology Laboratory, and, In Connection Therewith, Making an Appropriation, by Rep. Cheri Gerou and Sen. Kent Lambert. The bill, a Joint Budget Committee bill, requires the Colorado Bureau of Investigation to operate a State Toxicology Laboratory on or before July 1, 2015 in order to assist local law enforcement authorities in their enforcement of DUI laws.
  • HB 14-1341 – Concerning a Transfer of Moneys from the State General Fund to the Department of State Cash Fund for the Purpose of Repaying a Prior Transfer, by Rep. Jenise May and Sen. Pat Steadman. The bill, a Joint Budget Committee bill, requires the state treasurer to make a one-time transfer of general fund moneys to the Department of State cash fund in order to repay moneys borrowed during the 2008-2009 fiscal year.

Governor Hickenlooper plans to sign HB 14-1337 – Concerning an Increase in the General Fund Reserve, a Joint Budget Committee bill, today, April 21, 2014, at a press conference.

For a list of Governor Hickenlooper’s legislative decisions, click here.

Tenth Circuit: Unpublished Opinions, 4/18/2014

On Friday, April 18, 2014, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Lacour v. Tulsa City-County Jail

Goldwyn v. Donahoe

United States v. Melot

Dzerekey v. Holder

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.